2014 Kentucky Revised Statutes CHAPTER 344 - CIVIL RIGHTS 344.555 Prohibition against sex discrimination under any education program receiving state financial assistance -- Exceptions.
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344.555 Prohibition against sex discrimination under any education program
receiving state financial assistance -- Exceptions.
(1)
No person shall, on the basis of sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any education
program or activity receiving state financial assistance, except that:
(a) In regard to admissions to educational institutions, this section shall apply
only to institutions of vocational education, professional education, and
graduate higher education, and to public institutions of undergraduate
higher education;
(b) This section shall not apply to an educational institution which is
controlled by a religious organization if the application of this subsection
would not be consistent with the religious tenets of the organization;
(c) This section shall not apply to an educational institution whose primary
purpose is the training of individuals for the military services of the United
States, or the merchant marines;
(d) In regard to admissions, this section shall not apply to any public
institution of undergraduate higher education which is an institution that
traditionally and continually from its establishment has had a policy of
admitting only students of one (1) sex;
(e) This section shall not apply to membership practices of a social fraternity
or social sorority which is exempt under Section 501(a) of the Federal
Internal Revenue Code of 1954, the active membership of which consists
primarily of students in attendance at an institution of higher education, or
of the Young Men's Christian Association, Young Women's Christian
Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary
youth service organizations which are exempt under Section 501(a) of the
Federal Internal Revenue Code, the membership of which has
traditionally been limited to persons of one (1) sex and principally to
persons of less than nineteen (19) years of age;
(f) This section shall not apply to any program or activity of the American
Legion undertaken in connection with the organization or operation of any
Boys State conference, Boys Nation conference, Girls State conference,
or Girls Nation conference; or any program or activity of any secondary
school or educational institution specifically for the promotion of any Boys
State conference, Boys Nation conference, Girls State conference, or
Girls Nation conference; or the selection of students to attend any such
conference;
(g) This section shall not preclude father-son or mother-daughter activities at
an educational institution, but if such activities are provided for students of
one (1) sex, opportunities for reasonably comparable activities shall be
provided for students of the other sex; and
(h) This section shall not apply to any scholarship or other financial
assistance awarded by an institution of higher education to any individual
because such individual has received the award in any pageant in which
the attainment of the award is based upon a combination of factors
related to the personal appearance, poise, and talent of the individual and
(2)
in which participation is limited to individuals of one (1) sex only, so long
as the pageant is in compliance with other nondiscrimination provisions of
state and federal law.
Nothing contained in subsection (1) of this section shall be interpreted to
require any educational institution to grant preferential or disparate treatment to
the members of one (1) sex on account of an imbalance which may exist with
respect to the total number or percentage of persons of that sex participating in
or receiving the benefits of any state supported program or activity, in
comparison with the total number or percentage of persons of that sex in any
community, state, section, or other area. However, nothing in this subsection
shall be construed to prevent the consideration in any hearing or proceeding
under KRS 344.550 to 344.575 of statistical evidence tending to show that an
imbalance exists with respect to the participation in, or receipt of the benefits
of, any program or activity by the members of one (1) sex.
Effective:July 13, 1990
History: Created 1990 Ky. Acts ch. 462, sec. 2, effective July 13, 1990.
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